As long as you marry and submit your I-485, you have complete legal permission to remain in the United States while your green card is being processed. Your I-797c letter serves as legal documentation that you are a "K-1 visa applicant pending adjustment of status."
When you file your I-485 application, it is called an "intent to file" because you are not required to submit all the documents at this time. You can submit more evidence of eligibility later or skip some steps in the process. For example, if you already have a job offer, you do not need to show employer approval. When you arrive in the U.S., consult an immigration lawyer about completing the process.
As a K-1 visa holder, you are considered a nonresident alien for tax purposes. Like other nonresidents, you are liable for any federal income tax on any worldwide income earned during the year. The rate of tax depends on where you live and how much money you make. As a rule, people who earn $100,000 or more per year are subject to a federal income tax rate of 33 percent. However, depending on your marital status, personal exemptions, filing status, and so forth, you may be able to deduct more than $100,000 from your taxable income.
Your spouse will likewise file an I-485 to shift from a K-1 visa to a marriage-based green card. Keep in mind, however, that green card sponsorship is not the same as K-1 visa sponsorship. A person can be granted a K-1 visa but not get married to a foreign national. Conversely, someone can marry a foreign citizen but not receive a green card. There are many factors involved in determining who gets a K-1 visa and who receives a green card. For example, if your spouse becomes ill or suffers some other serious hardship, it may affect their chances of getting a green card.
The approval process for a K-1 visa is quite lengthy. It usually takes about two years after filing the I-130 for it to be processed by the Department of State. If you want to move faster than this, you can pay an immigration attorney to help you file the I-130 and take care of any additional documents or evidence that may improve your chances of having your petition approved.
The process of changing from a K-1 visa to a green card is also time-consuming. Your spouse will need to submit an I-129F form to prove that they have been married long enough to be eligible for a green card. They will then need to provide evidence that they can support you financially.
However, in this instance, the spouse seeking a green card must be able to retain a lawful immigration status in the United States while waiting. Maintaining a valid immigration status necessitates the possession of a valid visa, such as an H-1B work visa or an F-1 student visa, until the applicant has submitted their green card application (Form I-485). Once the application is received by the Department of State, the applicant will be notified whether their petition was approved.
In addition to H-1B and F-1 visas, certain other types of visas may also allow for an alien spouse to join him or her spouse in the United States. These include: J-1 cultural exchange visas; O-1 visas for individuals of extraordinary ability; and V-1 visas for children of American citizens or legal residents who were born in another country. Each type of visa has its own requirements and processes that must be followed before the spouse can enter the United States. Contact an attorney who specializes in immigration law for more information about how to proceed with your case.
As long as you entered the US legally on a K1 visa, you can transfer to a green card. Within 90 days after entering the country, I married a U.S. citizen. I have a K1 visa that is still valid and has not expired. The sooner you seek for a change of status after being married, the better. There are two ways to apply for a green card: online or at a USCIS office.
If you go to an office location, there will be a list of requirements and documents that you will need to provide in order to start the process. The officer will also ask you some questions about your marital history and intentions. If all goes well with the interview, you will be given a receipt number. This is what you use when applying online.
You must submit a new application for admission into the United States and include the receipt number from your interview with an immigration officer. You must also include evidence of having been married (no matter how long ago) and proof of citizenship status (such as a driver's license or passport).
You should know that it can take several months before you hear back from the USCIS regarding your application. When they do respond, they may send a notice of intent or denial. If they intend to deny your application, they will tell you why in writing. If your application is accepted, they will notify you by mail.